Legal Opinion

Roy v. Poulin

Supreme Judicial Court of Maine

Decided May 28, 1909PublishedCited by 11 opinions

On exceptions by defendant. Overruled. Bastardy complaint entered in the Superior Court, Kennebec County at the January term, 1908. The defendant is a resident of Winslow in said county.

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On exceptions by defendant. Overruled. Bastardy complaint entered in the Superior Court, Kennebec County at the January term, 1908. The defendant is a resident of Winslow in said county. At said term of said court, the defendant filed the following motion : "And now comes the defendant on the second day of said term and moves that said action be dismissed, because he says that this Honorable Court has no jurisdiction, because the complainant is not a resident of this State, has no legal residence in the same and that the act of sexual intercourse and begetting of the child took place outside…

1Opinion of the CourtEmery, C. J.

The question is this: — Assuming the defendant, a resident of this State, to be the father of a bastard child begotten *412and born out of the State of a woman not then nor now a resident of this State, can the mother avail herself of our statutes and courts to compel him to contribute to the support of the child ?

There are two views of this question, each well supported by authority. One is that the purpose of the statute is to secure the maintenance of illegitimate children liable to become paupers in the State, and hence the statute does not apply to the illegitimate children of non-resident…

2Cited by11 opinions

  1. Arsenault v. CarrierSupreme Judicial Court of Maine · 1978
  2. Thut v. GrantSupreme Judicial Court of Maine · 1971
  3. State ex rel. Reynolds v. FlynnWisconsin Supreme Court · 1923
  4. State v. TickleSupreme Court of North Carolina · 1953
  5. Commonwealth v. BertramSuperior Court of Pennsylvania · 1940

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